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HomeMy WebLinkAboutO-2001-2482 e - ORDINANCE NO. 2001-~~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR COST PARTICIPATION BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR LAND ACQUISITION FOR THE RIGHT-TURN LANE ON STATE HIGHWAY 146 TO WHARTON WEEMS BLVD.; APPROPRIATING NOT TO EXCEED $5,000.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the . document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $5,000.00 from the city of La Porte Transportation Infrastructure Fund to fund said contract. Section 2. The City Council Officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . . ORDINANCE NO. 2001-~~ PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of April, 2001. CITY OF LA PORTE By: a:~~- Mayor ATTEST: ~ aMt~ t(- AAiJIJ Martha A. Gillett, City Secretary e e * I Texas Department of Transportation P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000 May 21,2001 . Transmittal of Agreement to Contribute Funds Account 8012-02-038 ROW CSJ 0389-05-092 Harris County S.H. 146: AtBS 146D The Honorable Norman L. Malone Mayor, City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Dear Mayor Malone: Attached please find the fully executed Agreement to Contribute Funds covering the above subject project for your files. If additional information is required, please contact Ms. Brenda E. McKinney at (713) 802-5727. Sincerely, 'd~~~ i - . : t;. U7'. illison, P .E. ' Director of District Right of Way , Houston District Ibm Attachments .. .=. An Equal Opportunity Employer , .' i. ,,'e_ AGREE:MENT TO CONTRIBUTE FUNDS THE STATE OF TEXAS Harris County Construction CSJ 0389-05-089 ROW CSJ 0389-05-092 ROW Account 8012-2-38 COUNTY OF TRAVIS Tms AGREEMENT by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of La Po~ Texas, acting br ~d through.its duly authorized official under Ordinance dated the 9 day of ~ ,2001-, hereinafter called the City, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has previously requested'the City of enter into a contractual agreement and acquire right of way for a highway project on SH 146 with the following project limits: From: ,At as 146D (Wharton. Weems Road) To: The term right of way refers to those. costs associated with the purchase of the Parcell, as well as any utility adjustment costs. '" WHEREAS, the City has now requested that the State assume responsibility for acquisition of all necess~ right of way for said highway project; and WHEREAS, the City desires to voluntarily contribute to the State funds equal to ten percent of the cost for said right of way for the proper development and construction of the State Highway System; . NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the City shall contribute to the State an amount equal to ten (10) percent of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by City, a check payable to the Texas Department of Transportation in the amount of Five Thousand Dollars ($5,000), which represents ten (10) percent of the estimated cost of the right of way. However; if it is f,?und that this amount is insufficient to pay the City's obligation, then the City, upon request of the State, will forthwith supplement this amount in such amount as is requested by the State. Upon completion of the highway project and in the event the total amount as paid by the City is more than ten (10) percent of the actual cost of the right of way, any excess amount will be returned to the City by the State. Cost of . ,,,--- j; . . , , " .'.~ " the right of way acquired by the State shall mean the total value of compensation paid to owners, including but not limited to utility owners, for their property interests, either through negotiations or eminent domain proceedings. CITY OF LA PORTE, TEXAS ~l ~ By: 1~~~1Y1,... ,H7l ~ . , ( It> MAYOR '" ATTEST: L1Yl tuJ,a., O.~ THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order lOo 0 0 ~ Date: si II )0' .